Make yourself whole again.
The aim of any personal injury case in North Carolina is to compensate the innocent party with a sufficient monetary total that it places them in the same position they would have been had the accident never occurred. Attorney Hastings can help you get to that point. He has experience negotiating compensation packages for clients with insurance companies.
While it is of course a slight legal fiction and impossible to reverse the ill-fortune that led to your injury, Attorney Hastings listens to what hurt clients the most and actively seeks to procure compensation to fill those holes left from the accident.
In that aim, North Carolina law allows the plaintiff to recover the present value of all of those compensable injuries. Johnson v. Seaboard A.L.R. Co., 163 N.C. 431, 452 (1913).
Property Damage: In the event that the defendant causes property damage, the plaintiff can collect amounts that account for that harm. Roberts v. Pilot Freight Carriers, Inc., 160 S.E.2d 712 (1943) (holding that plaintiff can recover the rental price of a similar vehicle during the period of repair, in addition to the cost of hiring transportation during that same period).
Lost Wages: North Carolina law allows the plaintiff to recover any lost wages that resulted from the accident. Dunn v. Custer, 162 N.C. App. 259, 264 (2004) (holding that plaintiff can recover lost wages when such loss is an immediate and necessary consequence of an injury).
Pain and Suffering: Sometimes, aspects of the injury are difficult to numerically value. Each individual plaintiff manifests injuries in unique ways reflective of the way each leads their life. If there are aspects like that involved in your case, the defendant should be liable for all those injuries related to the defendant's conduct. North Carolina law recognizes damages for such conduct. Dunlap v. Lee, 257 N.C. 447, 452 (1962).
The reason any settlement will occur is because of the underlying threat of litigation, often on the basis of negligence legal theories. You may have heard about how North Carolina is one of a few states left that follows contributory instead of comparative negligence theories. This means that recovery is likely only possible for a plaintiff with completely clean hands in the matter. Attorney Hastings knows how to protect you from the possibility of the defendant claiming you had a role in the accident as well.
While the primary aim in personal injury law focuses on how to make the plaintiff whole, there are times when the defendant's conduct is so beyond what society can tolerate that it justifies adding amounts to the judgment to deter the defendant and others like the defendant from ever engaging in the conduct that led to your injury again. Attorney Hastings will make sure to demand amounts commensurate with the egregiousness of the defendant's actions should the incident lend itself to those claims.
Causation: Timing is critical.
The highest hurdle plaintiffs often face in negligence actions is the one of causation. It's also the hurdle upon which insurance companies will hone their attention. Making the connection is easy for you because you know what happened, and it's our job to make sure it's obvious to the insurance companies as well. We encumber that burden to make sure you receive the compensation you deserve. It's also why we created several law firm apps designed specifically to help you document the incident with timely precision. Check out more information on that below.
Personal Injury Applications
Please take the time to look over our client information form for prospective personal injury clients. You can fill out and submit the form online and this will enable the law firm to review your status and contact you in regards to representation.
Police officers use a series of codes when they draft accident reports that can make it difficult to understand. (Seriously, it's extremely intricate). Attorney Hastings has experience in deciphering the contents and presenting them to clients in a clear and concise manner. This can help you understand the state of your claim and potentially disparaging conduct from the defendant that can substantially increase the likelihood of a quick and higher settlement. Please contact our office should this interest you.